North Macedonia, Penal Code amendments come into effect despite criticism

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North Macedonia implemented changes to its Penal Code on September 14, which have drawn significant criticism from the European Union and the United States.

These changes allow for reduced prison sentences for state officials who abuse their positions or misappropriate public funds.

Under the new provisions, which were approved by the Macedonian Parliament on September 6, individuals found guilty of abusing their authority during public procurement or embezzling budgetary funds can face a maximum prison sentence of five years.

Previously, such criminal offenses carried penalties ranging from five to over ten years in prison.

The head of the European Union delegation in Skopje, David Geer, expressed concerns on September 14 about the manner in which North Macedonia made these alterations to its Penal Code.

He stressed the importance of upholding the rule of law and ensuring that criminal cases are handled properly.

The European Union insists that North Macedonia should demonstrate “unwavering commitment, effectiveness, and credibility in promoting the rule of law by combating criminal activities”.

The U.S. Embassy in Skopje stated that its legal team is currently reviewing the amended Penal Code, and the U.S. Department of State reminded authorities that “corruption has the potential to undermine North Macedonia’s strategic objectives”.

Article 394 of the Penal Code, which pertains to the criminal offense of “criminal association”, now provides for even more significant reductions in prison sentences.

Previously, those convicted of creating a criminal group could face a maximum sentence of ten years. However, with the recent changes, the maximum sentence has been lowered to three years in prison.

These amendments have faced opposition from Albanian political groups, which argue that they serve as a concealed amnesty for high-ranking officials involved in criminal activities and corruption. They contend that these changes are aimed at “protecting government officials transitioning into the opposition”.

In response to the criticisms, Prime Minister Dimitar Kovačevski defended the amendments, stating that they align with the prevailing legislation within the European Union.

He emphasized that the adjusted penalties are comparable to those in Slovenia and pointed out that the previous law dated back to the communist era.

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